State v. Foss-Vigil

“[A] circuit court obtains jurisdiction to try or convict a defendant in a felony case only upon issuance of an indictment, an information supported by a probable-cause determination made following preliminary hearing, or the defendant’s knowing waiver of indictment or preliminary hearing.” Keys, 302 Or App at 523-24. “[I]n the absence of indictment, preliminary hearing, or waiver, the circuit court lacks jurisdiction to try the defendant and any judgment rendered in that case is void.” Id. at 524.

Defendant appealed from a judgment finding him guilty except for insanity of three counts of third-degree robbery following a stipulated-facts trial. Defendant contended that, because of his mental-health problems that led to a determination that he was unfit to aid and assist in his own defense, he was incapable of knowingly waiving his constitutional right to preliminary hearing and, therefore, the trial court lacked jurisdiction to try him or to enter judgment. The State argued that the waivers were valid at the time they were made. “[A] circuit court obtains jurisdiction to try or convict a defendant in a felony case only upon issuance of an indictment, an information supported by a probable-cause determination made following preliminary hearing, or the defendant’s knowing waiver of indictment or preliminary hearing.” State v. Keys, 302 Or App 514, 523-24 (2020). “[I]n the absence of indictment, preliminary hearing, or waiver, the circuit court lacks jurisdiction to try the defendant and any judgment rendered in that case is void.” Id. at 524. Although the record could support the finding that Defendant did not understand the his waiver, the Court decided that the record does not compel a finding of invalidity as it did in Keys. However, the Court did note that Defendant might be able to establish the invalidity of his waiver on a record developed specifically to address that point. Judgment vacated and remanded for further proceedings regarding disposition; otherwise affirmed.